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DA: Shelby Lyn Allen’s Death Was Truly a Tragedy
The death of Shelby Allen in December 2008 was truly a tragedy. Unfortunately, there has been a lot of misinformation about what happened that night and questions about the appropriateness of filing charges against Shelby’s friend Kayli. Now that the court has ruled on the case, I can discuss the matter in the hopes that other teen lives can be saved.
The key facts are that Shelby and her friend Alyssa were guests at Kayli’s home. When Shelby and Alyssa arrived around 12:50 a.m., they had not had any alcohol to drink nor did they bring any alcohol to the home. All the girls were warned not to drink alcohol by Kayli’s father. Yet, once all the adults, including college aged siblings went to bed, Kayli, Alyssa, and Shelby began drinking alcohol. Through Shelby’s cell phone text messaging of the events that night, we know she intended to drink 15 shots of alcohol. We know that all the alcohol drunk that night came from Kayli’s home and, in fact, additional vodka had to be retrieved from a freezer in another room. Shelby reached her 15 shot goal by 1:58 a.m.- about a 1 hour period of time. Neither Alyssa nor Kayli drank anywhere near this amount although each drank some alcohol.
At 2:02 a.m. Shelby sent her last text. Shelby and Alyssa both began to vomit. As the least intoxicated, Kayli took steps to ease their discomfort. Eventually, Alyssa was taken upstairs to Kayli’s room to “sleep it off”. Alyssa’s condition appeared to be a common reaction to drinking too much alcohol. However, Shelby’s condition was far different. Shelby’s vomiting was so violent that she suffered a lacerated lip from striking the toilet seat. Eventually, Shelby became non-responsive. Kayli propped Shelby’s head over the toilet seat and tended to her.
Beginning at around 2:30 a.m., Kayli began calling and texting a male friend about Shelby’s condition using Shelby’s cell phone. For several hours Kayli remained with Shelby and text messaged a friend asking for him to come over and help with Shelby, but didn’t want him to tell his parents. It was decided that he would not come over. The final text message to this friend from Kayli occurred shortly after 5:00 a.m. although Kayli checked on Shelby as late at 5:50 a.m.
Between 7:15 a.m. and 8 a.m., Kayli’s father was leaving for work. Kayli briefly mentioned that Shelby was “not feeling well”, but did not tell her father the extent of Shelby’s condition. Also at about that time, Alyssa woke up and was told by Kayli that Shelby was fine and breathing. However, at around 9:00, Alyssa checked for herself and immediately noticed that Shelby had not moved since Alyssa went to bed several hours earlier and was not breathing. Alyssa immediately contacted one of the college siblings. That sibling noted Shelby was not breathing, but had a pulse. She immediately contacted the father who noted the same condition and contacted 911 at 9:04 a.m. When Sheriff’s deputies arrived at 9:13 a.m. they also noted Shelby was still alive with a weak pulse. Paramedics unsuccessfully treated Shelby and she was declared dead shortly thereafter. In addition to the lacerated lip, Shelby suffered a very clear marking around the front portion of her neck caused by her head lying inside the toilet seat for so long without movement. Her blood alcohol level was .33.
Clearly, Shelby made the choice to drink to excess that night. Unfortunately, the consequence for that choice was her life. However, Kayli also made choices that night. She hosted an illegal alcohol party for her friends and she provided all the alcohol consumed that night. Once Shelby became completely incapacitated, albeit of her own doing, she could not help herself. She was at the mercy of her friend to get her help- help that was only a few steps away where several adults were sleeping. Kayli stayed with Shelby and checked on Shelby for several hours through the night and early morning, but failed to tell an adult. In the morning, Alyssa acted as most would upon seeing Shelby’s distressed condition- she contacted an adult. Only her actions were too late. When you provide a location for your friend to use an illegal substance, supply the illegal substance to excess, and your friend becomes so incapacitated because of that substance that your friend is helpless, you should take responsibility to get help. No one is suggesting that Kayli should have performed CPR or surgery. Just tell an adult. Her failure to seek help was the basis of the charges against her. I respect the court’s ruling that these particular facts fell short of the legal standard for involuntary manslaughter.
Some might say that she was too young to be prosecuted. We have a juvenile court for those under 18 who commit crimes and this is where the case was filed - not adult court. Whereas adult court focuses on jail and punishment, juvenile court focuses on rehabilitation of the minor. Consequently, the hope was to provide court-supervised services and specifically tailored consequences that assure that she would learn from her mistakes and gain knowledge about the dangers of alcohol use and abuse. The goal was not to punish or destroy a future, but to give her and other teens like her a chance at a future - a future, sadly, Shelby no longer has.
Gerald Benito has been the district attorney in Shasta County since 2003.
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District Attorney Jerry Benito is suffering from his own hubris. He tried to placate the white upper middle class by not going too far punishing Kayli and not trying to insult the Allen’s who lost a daughter.
Had Kayli been an African-American teen or Mexican teen and came from a working class family; she would have been tried as an adult and held in custody until the trial.
But, this was not the case, Kayli came from an upper middle class background and she is white. She is part of the society that is privileged. So, she lucked out and was sent to juvenile court not to the adult court where she should have pleaded remorse for her failure of helping her friend Shelby. And she should have begged mercy from the court for the negligent homicide of Shelby Allen.
Judge Dan Flynn caved in to the upper middle-class white community and dismissed the charges against Kayli. Lest we not forget Flynn did come from Benito’s office. One might say how convenient.
What has Kayli learned? If you are a white girl from the upper middle class you can get away with murder or negligent homicide.
Perhaps, if Kayli had more responsible parents and had better upbringing, she would have taken responsibility and dialed 911.
Kayli will probably get married someday and maybe give her parents grandchildren. Shelby will never be able to do this for her parents.
Justice was not served for Shelby.
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Murder?! Teens party all the time. They are extremely niave about how to take the proper steps to care for an individual with alcohol poisoning. Most didn’t even know it exsisted until this incident. And to make this about race and social class is disgraceful. Something like this was bound to happen and unfortunately it happened to a bright and beautiful girl.
Trying Kayli wouldn’t bring justice to the Allen’s because frankly the only thing that would come close is having Shelby here today. What about Shelby’s friends? Don’t you think they are just as distraught of the situation? Kayli has to live with this for the rest of her life. It is punishment enough to have your best friend die in your own home. That would haunt anyone for the rest of their life. I can’t even imagine trying to live with that.
You are passing judement very quickly on a situation you have never been in. You also didn’t know Shelby. The life style she lead. How she partied. Nothing. You are assuming that this was just Kayli’s resposibility. It was everyones. Including Shelby’s.
For the rest of your so called argument, I am speachless and disgusted.
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Unless Alyssa is a sociopath, she will bear the burden of guilt for the rest of her life. If we had punished her further, how would that protect the rest of us? Let’s prosecute people because we’re afraid of them, not because we’re mad at them.
Is RGlenn really hoping for justice, or is it really vengence he or she is after?
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The subject line says it all, truly a tragedy. Our family’s deep condolences go out to Shelby’s family, and to all who were touched by her shortened life. I think that group now includes our entire community.
As D.A. you have had to make many controversial decisions about how best to serve justice and the community interests. While not all will agree with your every decision, here we see a good example of the care and thought you put into the actions you take. I appreciate that you have taken this opportunity to explain your perspective and reasoning.
I feel that the many repercussions of this tragedy will ripple like waves in a pond, and have a long term positive impact on our community actions and attitudes tolerating underage alcohol experimentation. In that way, Shelby Allen touches us all again, and remains in our heart.
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It truly is a very sad case, and I feel sorry for all involved. BUT, it seems to me that the parents of all three girls should have been more responsible. Why did 2 teens arrive at another teens home after midnight? and why weren’t they in bed at a sensible hour? I don’t understand teens texting at that hour of the morning?
As for the D.A. Benito: He has to make difficult decisions everyday, and sometimes they may not be the right ones…Nobodys perfect. Glad the Judge dismissed the case, and hope there is not a Civil suit as many people goofed and learned a hard lesson.
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CLR should realize that we learn throughout life—children and parents.
There are times in our life where we can act as heroes or cowards. This is a free will choice. Kayli chose the latter, unfortunately for her friend Shelby.
Since it was Kayli’s parents’ home, Kayli must assume the burden of guilt, along with the other young woman present.
As DA Benito states, “…Kayli also made choices that night. She hosted an illegal alcohol party for her friends and she provided all the alcohol consumed that night. Once Shelby became completely incapacitated, albeit of her own doing, she could not help herself. She was at the mercy of her friend to get her help- help that was only a few steps away where several adults were sleeping.”
Shelby and her friend arrived at Kayli’s house at 12:50 am and by 2:30 am Shelby was incapacitated. It was at this point Kayli could have, as hostess, sought her parents’ help. She did not and neither did the other young woman. An heroic moment arrived for these two women and both abrogated their responsibility to assist their friend Shelby; so much for friendship and responsibility.
It was not until 9:04 am that a 911 call was made to aid Shelby. Negligent homicide?
Kayli’s parents and college-age sibling are responsible adults, and where were they?
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If this young woman had tried to smoke 16 joints in an hour, she’d still be with us.
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Interesting how most of Benito’s accusations aren’t even mentioned in the HONORABLE Daniel E. Flynn’s ruling…
Are we to assume that Benito’s accusations are here-say and that this is the reason they are not included? As a matter of fact the HONORABLE Judge clearly states by line item with “factual” law exactly why the defendant is not guilty for what she was being charged with.
All of the “children” were incapacitated. Maybe trying a parent or two for this matter would have won some kind of a case.
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Mr. Benito stated in his editorial that “her failure to seek help was the basis of the charges against her.” People may have a moral obligation to seek help for others in need but they don’t have a legal obligation. Maybe someone can point me to a california legal statute where a person has a legal obligation to seek help for a person in Shelby’s situation. Judge Flynn debunked this whole prosecution theory in his ruling. I hope Mr. Benito would only file crimial cases based on sound legal theory and not on an emotional whim that somebody must pay in tragedies such as this. Sorry Mr. Benito, but your explaination just doesn’t cut it. Nice try!
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hollygo2 Reply:
November 21st, 2009 at 7:41 pm
Couldn’t have said it better. It is unfortunate and a tragedy. But no one is to blame for another person putting him or herself in to a highly toxic situation. Even if that person has no idea that that is what they are potentially doing. Especially when none involved are experienced enough to know the lethality involved or are even legally responsible.
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Civilized people always have a responsibility to act morally, especially when they host an event. There is an implied consent that no harm will come to guests while on their premises—that is why we have liability insurance. The legal arm extends from the child to the parents.
Ignorance of the law is never an excuse. Anyone who pays property taxes knows this to be the case. You still get assessed fines and interest when you are delinquent, even if late by one day.
Kayli’s parents do have a responsibility to chaperon minors in their household. This did not happen. There is still a legal consequence for Kayli’s family that has yet to unfold.
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This was a tragedy. We all have opinions. Did this whole scenario play out as it should have? There is more attention being given to teen-aged drinking. More parents are watching their children (I hope). Each year, many young adults in our area die from alcohol, whether it be driving or in this case, poisoning. My children have lost several friends to this killer.
The Allens have taken up a courageous fight against teen drinking so this won’t happen again. I have an opinion on one of the things that is much different than when we were kids or even when my oldest was young…the flavored hard liquors. Please - DON’T BUY THEM. They taste great, but to a child, it’s like drinking soda pop or a milkshake. Put it in the freezer, it’s a lot like a slushy. Binge drinking does kill. Don’t support those companies that know their product is dangerous.
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Parents are the first teachers - Children imitate parents. A kindergartner in my class one year would go to the playhouse and take the empty brown glass vanilla bottle, intended to be used as a toy, and pretend to chug it while exclaiming, ‘I love that Mexican beer” Where did a 5 year old learn that?
Mr. Benito writes, “All the girls were warned not to drink alcohol by Kayli’s father. Yet, once all the adults, including college aged siblings went to bed, Kayli, Alyssa, and Shelby began drinking alcohol.” Children do as children see. And so they did. Imitating adults makes kids feel more grown up.
Teens party because parents party. Not all parents party, not all teens party. Parents need to take responsibility for the example they set for their children. It sounds like Mr. Leiberman knew that drinking was something the girls were interested in.
I commend Mr. and Mrs. Allen for taking it upon themselves to educate young people about alcohol poisoning. My heart goes out to them for this tragic loss. I think it would be wise for adults as well as teens to learn about moderation.
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Benito has been a nightmare for Shasta County. Every few months his office loses another high profile case. He has forced out experienced lawyers and replaced them with cronies. Poor people sit in jail for months before their cases get dismissed. Rich people make a few calls and never get charged. Considering the guilible old people on the juries who really want to trust the cops, the fact that anyone is found not guilty in Shasta County is a shocker.
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